Mclean, VA asked in Family Law for Virginia

Q: boyfriend and I stay together for 2 years we have a baby together and I want to break up whats the law?i live in VA

I want to know if I can get half of what ever he has plus how much my child support would be if we separate after 2 years and we have a 4months old baby, I never work with the baby I'm not planing to do it either

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1 Lawyer Answer
Thomas H. Roberts Esq
Thomas H. Roberts Esq
  • Richmond, VA
  • Licensed in Virginia

A: The parties are free to separate---there is no marital property to divide, there is no spousal support. If the parents do not agree on physical custody of the infant, a court will make that determination upon a petition. There is no guarantee that the mother will be awarded physical custody of the infant. The court's decision is based upon a number of factors, which is boiled down to the "best interests" of the child. Again, if the parents do not agree, the court will decide based upon guidelines how much child support will be paid if a petition for child support is filed. "Child support" is intended to support the child and not the child's parent. The court should impute income to the parent who fails to seek employment for purposes of computing child support.

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